CHAPTER TWO
Citizenship of Georgia.
Fundamental Human Rights and Freedoms

Article 12

Citizenship is conferred
by birth or by naturalization.

A citizen of Georgia may
not simultaneously be a citizen of another country.

The procedures for naturalization
and loss of citizenship are determined by organic
law.

Article 13

The state shall protect
its citizens irrespective of their location.

No person may be deprived
of his citizenship.

The expulsion of a citizen
from the country is prohibited.

The extradition of a
citizen of Georgia to another country is prohibited, except in cases
defined by treaty. A decision on extradition may be appealed in court.

Article 14

Everyone is born free and is
equal before the law, regardless of race, skin color, language, sex,
religion, political and other beliefs, national, ethnic and social
origin, property and title of nobility or place of residence.

Article 15

A person's life is
inviolable and is protected by law.

Special forms of
punishment - capital punishment before its full abrogation may be
envisaged by organic law for extremely serious crimes directed against
a person's life. Only the Supreme Court has the right to impose such a
punishment.

Article 16

Everyone has the right to
freedom of personal development.

Article 17

A person's honor and
dignity are inviolable.

Torture, inhumane, brutal
or degrading treatment or punishment is impermissible.

Article 18

The freedom of a person is
inviolable.

Arrest or other
restrictions on personal freedoms are prohibited without a court
order.

The detention of an
individual is permissible in circumstances determined by law by an
official specifically so authorized. The detained individual or
otherwise restricted person must be conveyed to court not later than
48 hours following arrest. If within the next 24 hours the court has
not made a decision concerning the arrest or other kind of
restriction, the individual must be released forthwith.

The physical or moral
coercion of a detained or otherwise restricted individual is
impermissible.

A detained individual must
be immediately made aware of his rights and the basis for his
detention. The detained individual may demand the assistance of a
lawyer . This right must always be satisfied.

The term of detention of a
suspected individual should not exceed 72 hours before indictment and
the accused cannot be held on remand for more than 9 months.

Failure to comply with
this Article is punishable by law. An individual detained or
unlawfully arrested has the right to compensation.

Article 19

Every individual has the
right to freedom of speech, thought, conscience, religion and belief.

The persecution of an
individual for his thoughts, beliefs or religion is prohibited as is
compulsion to express opinions about them.

These rights may not be
restricted unless the exercise of these rights infringes upon the
rights of other individuals.

Article 20

Every individual's private
life, place of personal activity, personal papers and correspondence
are inviolable. Communication by telephone and other technical means
are inviolable. Restrictions on these rights are permissible only by a
courts order or without such an order by the necessity as determined
by law.

Article 21

The right to inherit and
own property is recognized and guaranteed. The abrogation of the
universal right of property, its acquisition, transfer and inheritance
is prohibited.

Restrictions on the rights
mentioned in part 1 of this Article are possible for social necessity
as determined by law and established right.

Confiscation of property
because of social necessity is permissible in circumstances determined
by law, by an order of court or through urgent necessity by organic
law but only if full compensation is made.

Article 22

Every individual lawfully
within the territory of Georgia is free to move within that territory
and is free to choose his place of residence.

Everyone lawfully within
the territory of Georgia is free to leave the country. A citizen of
Georgia can freely enter the country.

Restriction of these
rights is permissible only in accordance with the law, in order to
guarantee state and public security as necessary for the existence of
a democratic society, public health, prevention of crime and fulfillment
of justice.

Article 23

The freedom of
intellectual creativity and intellectual property rights are
guaranteed.

Interference in creative
activity or censorship in this sphere is prohibited.

The prohibition of the
distribution of, or seizure of creative work is not permissible,
unless it violates the legal rights of other individuals.

Article 24

Every individual has the
right to freely receive and disseminate information, to express and
disseminate his opinion orally, in writing or in any other form.

The mass media is free.
Censorship is prohibited.

Monopolization of the mass
media or the means of dissemination of information by the state or
natural persons is prohibited.

Clauses 1 and 2 of this
Article can be restricted by law when conditions make it necessary to
do so in order to guarantee and by the conditions necessary in a
democratic society for the guarantee of state and public security,
territorial integrity, prevention of crime, and the defense of rights
and dignities of others, to avoid the revelation of confidentially
received information or to guarantee the independence and impartiality
of justice in a democratic society.

Article 25

Every individual except
members of the armed forces, police and the security services has the
right to hold a public assembly without arms either indoors or in the
open air without prior permission.

The need for prior
notification of the authorities is determined by law, if a public
assembly or manifestation is held on a public thoroughfare.

The government may halt a
public assembly only if it becomes criminal in nature.

Article 26

Every individual has the
right to create and join any association, including trade unions.

Citizens of Georgia have
the right to create political parties or other political organizations
and participate in their activities in accordance with organic law.

The creation and
activities of such public and political entities whose goal is to
overthrow or change the Constitutional order of Georgia by force, or
violate the independence of the country or violate the country's
territorial integrity or advocate e war and violence, or attempt to
induce ethnic, racial, social and national unrest is impermissible.

The creation of the para-military
forces by public or political organizations is prohibited.

Persons enrolled in the
armed forces, intelligence service or the forces of the Ministry of
Internal Affairs or persons who have been appointed as judges or
procurators must cease membership in any political organization.

The prohibition of
activities of public and political organizations is possible only by
court order under the circumstances and by the procedure determined by
organic law.

Article 27

The state is authorized to
establish restrictions on the political activity of citizens of
foreign countries and stateless persons.

Article 28

A citizen who has attained
the age of 18 has the right to participate in referenda and elections
of state and self-governing bodies. The freedom of constituents to
express their will is guaranteed.

Only individuals who are
confirmed as ineligible by a court or who have been deprived of their
liberty by the due process of law, are deprived of the right to
participate in elections and referenda.

Article 29

Every citizen is allowed
to hold any official state position as long as he/she satisfies
established requirements.

The requirements for
positions of state institutions are defined by law.

Article 30

Labor is free.

The state is obliged to
foster conditions for the development of free enterprise and
competition. Except in circumstances provided for by law the monopolization
of activity is prohibited. Consumer rights are
protected by law.

On the basis of
international agreements regulating labor relationships, the state
protects the labor rights of Georgian citizens abroad.

The defense of labor rights, legal payment and healthy working conditions, the working
conditions of minors and women are determined by law.

Article 31

The state guarantees equal
social and economic development within the whole territory of Georgia.
In order to guarantee the social and economic progress of the high
mountain regions special privileges are envisaged in law.

Article 32

The state must help the
unemployed to find work. The conditions for the provision of a minimum
standard of living and the status of the unemployed are determined by
law.

Article 33

The right to strike is recognized. Rules for exercising this right are determined by law
which also provides for the continuance of work in areas deemed to be
of vital importance.

Article 34

The state fosters the
development of culture, the unrestricted participation of nationals in
cultural life, the expression and enrichment of cultural origins, the
recognition of national and universal values and the deepening of
international culture al relationships.

Each citizen is obliged to
care for, protect and preserve the cultural heritage. The state
protects cultural heritage by law.

Article 35

Each citizen has the right
to education. Freedom of choice in education is guaranteed.

The state guarantees that
educational programs conform to international standards and rights.

The state guarantees
pre-school education. Primary education is mandatory for all. The
state provides free primary education for all. Citizens have the right
to free secondary, professional and tertiary education at state
institutes within the frame work and by the rules established in law.

The state supports
educational institutions as established in law.

Article 36

Marriage is based upon
equality of rights and the free will of spouses.

The state supports the
prosperity of the family.

The rights of mothers and
children are protected by law.

Article 37

Everyone has the right to
health insurance as a means of gaining medical assistance. In
circumstances determined by law, free medical services are guaranteed.

The state supervises every
health institution and the production and distribution of medicine.

Everyone has the right to
live in a healthy environment and use natural and cultural
surroundings. Everyone is obliged to protect the natural and cultural
surroundings.

The state guarantees the
protection of nature and the rational use of it to ensure a healthy
environment, corresponding to the ecological and economic interests of
society, and taking into account the interests of current and future
generations.

Individuals have the right
to complete, objective and timely information on their working and
living conditions.

Article 38

Citizens of Georgia are
equal in social, economic, cultural and political life regardless of
national, ethnic, religious or language origin. According to
universally recognized principles and norms of international law all
have the right to develop their culture freely without any
discrimination and interference. They may use their language in
private and public life.

In accordance with
universally recognized principles of international law, the exercise
of minority rights should not oppose the sovereignty, integrity and
political independence of Georgia.

Article 39

The Constitution does not
deny other universally recognized rights, freedoms and guarantees of
the individual and citizen, which are not specifically stated, but are
the natural outcome of the principles contained within the
Constitution.

Article 40

Each individual is
considered innocent until proven guilty through the due process of
law.

No individual is obliged
to prove his innocence.

A person can only be
proven guilty if the evidence is incontrovertible. Every suspicion or
allegation not proven by the procedure established by law must be
decided in favor of the defendant.

Article 41

Every citizen has the
right, according to the law, to know information about himself which
exists in state institutions as well as official records existing
there, except for information containing state, professional or
commercial secrets.

Information existing in
official papers connected with health, finances or other private
matters of an individual are not available to other individuals
without the prior consent of the affected individual, except in cases
determined by law, when it is necessary for the state and public
security, defense of health, rights and freedoms of others.

Article 42

Each individual has the
right of appeal to the courts to protect his rights and freedoms.

Every individual can only
be judged by the court which has jurisdiction over the particular
case.

The right to defense is
guaranteed.

No individual can be
brought to court twice for the same case.

No individual has to
answer for an action if it was not considered a violation of law at
the moment it was performed. Laws that do not reduce or abrogate
responsibility have no retroactive force.

Anybody charged with a
criminal offence has the right to obtain the attendance and
examination of witnesses on his behalf under the same conditions as
those of the prosecution.

Evidence obtained by
breaking the law is inadmissible and has no legal force.

No individual is obliged
to give evidence against himself or his relative as defined by law.

Any individual who suffers
damage illegally caused by the state, self-governing bodies or
officers is guaranteed full compensation through the court from state
resources.

Article 43

The defense of human
rights and freedoms within the territory of Georgia is supervised by
the Public Defender, who is elected for five years by the majority of
the whole of Parliament.

The Public Defender is authorized
to reveal facts about the violation of human rights and
freedoms and to report on it to corresponding bodies and individuals.

The power of the Public
Defender is determined by organic law.

Article 44

Every individual living in
Georgia is obliged to obey the constitution and legislation of
Georgia.

The exercise of the rights
and freedoms of one individual shall not violate the rights and
freedoms of others.

Article 45

The main rights and freedoms
enunciated in the Constitution apply to corporate bodies as well as to
individuals.

Article 46

During a state of
emergency or martial law the President of Georgia is authorized to
restrict the exercise of rights and freedoms contained in Articles 18,
20, 21, 22, 24, 25, 30, 33 and 41 of the Constitution either in the
whole country or a part o f it. The President is obliged to submit a
decision on a state of emergency or martial law to Parliament for
ratification within 48 hours.

If a state of emergency or
martial law is introduced elections for the President, Parliament and
other representative bodies of Georgia, can only be held once the
state of emergency or martial law has been removed.

Article 47

Foreign citizens and
stateless persons living in Georgia have the rights and obligations
equal to the rights and obligations of citizens of Georgia with some
exceptions envisaged by the Constitution and law.

As determined by law and
in accordance with universally recognized norms of international law,
Georgia gives asylum to foreign citizens and stateless persons.

Extradition of a person
who has been given asylum to another state, who is pursued on
political grounds or pursued for an activity which is not regarded as
a crime by the legislation of Georgia is prohibited.